Disposition No. 290/2020 of the Ministry of Labor, Employment and Social Security.
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Labor & Social Security Law Department Report | Disposition No. 290/2020 of the Ministry of Labor, Employment and Social Security
Dear Sir or Madam,
Disposition No. 290/2020 (“Disposition”) issued by the Obligatory Mediation Proceeding Direction (“Direction”), published in the Official Gazette on May 12, regulates virtual procedures for unfinished procedures and those that in the future will be initiated, with reference to the compulsory labor mediation proceeding established by Act 24.635 and to the ratifications of spontaneous agreements and agreements already signed or that are subscribed within the framework of section 223 bis of the Labor Contract Law (ECL).
The Disposition provides that:
(i) The pending hearings in the unfinished procedures and the new ones to be initiated in relation to the compulsory labor conciliation procedure, as well as the ratification hearings in pending procedures or new procedures regarding spontaneous agreements, will be held through virtual platforms in use and authorized by the Direction and/or by any electronic means that ensures guaranteeing due process. To this end, parties must inform the technological tools they have access to.
(ii) The procedure must be initiated in the already available platform, accompanying the corresponding documentation. Once this step is completed, the system will proceed to the conciliator’s drawing, setting the day and time of the hearing. The conciliator shall define the virtual platform to be used for the hearing, as stipulated above.
(iii) For the ratification of spontaneous agreements, the process must be initiated through the already available platform, by using the “spontaneous” option.
(iv) Regarding spontaneous agreements under section 223 bis ECL, parties must submit an affidavit regarding the authenticity of their signatures. In turn, lawyers must provide a sworn statement regarding the authenticity of the accompanying documents, the holographic signatures, and the free consent and discernment of the worker they represent.
Likewise, the following requirements must be met:
(a) The employing party must send the documentation to the email address provided for this purpose (ratificacionseclo@trabajo.gob.ar), indicating in the subject: “SECTION 223 BIS. NAME AND CUIT OF THE COMPANY”.
(b) The employees’ lawyer must provide a sworn declaration of professional responsibility to intervene in the ratification act, with an ad-hoc function to verify the free issuance of the consent of the worker or workers he/she represents.
(c) A PDF of the agreement signed holographically by all participants must be accompanied. In case the holographic signature is not possible to get, the employer must arbitrate all necessary means to certify authentically the worker’s consent with the agreement.
(d) Parties must attach the ratification forms with the intervention of the worker’s lawyer, who expressly assumes, as a sworn statement, professional responsibility for his ad-hoc function of verifying the free issuance of the worker’s consent and its discernment about the scope of the act that grants.
(e) The employer must attach an annex containing a list of the affected workers with the following information: name, work identification number (CUIL), real address, remuneration, tasks, seniority, email, and telephone number.
(v) In the case of agreements executed under Section 223 bis ECL, where workers do not have legal sponsorship, the process will be suspended and the applicant will be informed of the existence of the Assistance Program of the Labor Ministry, which provides legal assistance and/or legal sponsorship in individual conflicts. Likewise, the procedure referred to herein must be complied with, and the corresponding virtual ratification hearing must be held accordingly.
(vi) In all the procedures indicated above, the email and cell phone number of the parties involved must be reported, where the notifications made will be valid.
(vii) At the time of the hearing, parties must have the documentation they sent at the beginning of the process.
(viii) The parties must digitalize the following documentation:
1.-Power of attorney and/or the Company’s bylaws and BoD resolutions from which the appointment arises;
2.-Copy of the ID, front and back, of the applicants;
3.-Copy of the current and enabling registration credential of all the attorneys involved;
4.-In case of union representatives, an Authorization Note issued by the Secretary-General and/or a legal representative of the union empowering them to act within the framework of said agreement, must be attached;
5.- The email and cell phone number of each party, including workers.
(ix) For agreements that establish a payment obligation, all appropriate data must be reported so that transfers can be made. In case this is not possible, parties will need to inform the unique payment code.
(x) The agreements and their ratifications, carried out under the terms of this resolution, will have the same validity as those concluded in person.
Should you require any further information on this matter, please do not hesitate to contact us.
Sincerely,
Alvaro Galli
Santiago Taboada